How Appealing

Tuesday, January 29, 2013

"Christian school's lawsuit may test court ruling": The Associated Press has a report that begins, "A lawsuit by a Southern California Christian school against two former teachers who refused to provide proof of their faith could pose one of the first court tests of a U.S. Supreme Court ruling on religious freedom."
Posted at 10:00 PM by Howard Bashman

"Committee keeps law allowing people to sue others for breaking up their marriage": The Argus Leader of Sioux Falls, South Dakota has this news update.

And The Associated Press reports that "SD senator seeks to get rid of alienation lawsuits."
Posted at 09:44 PM by Howard Bashman

"Should Federal Circuit hear standard essential antitrust appeals?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:22 PM by Howard Bashman

"A new gun rights issue arises": Lyle Denniston has this post at "SCOTUSblog."

My earlier coverage of today's Second Circuit ruling appears at this link.

Update: In other coverage, The Associated Press reports that "Sandra Day O'Connor steps carefully in NY gun case."

And Nate Raymond of Reuters reports that "2nd Circuit sends gun case to N.Y.'s top court."
Posted at 06:14 PM by Howard Bashman

"US gay marriage foes suffer from fundraising shortfall; Urgent call to donors ahead of March Supreme Court arguments; Mormon fundraising falls off after 2008 California battle; Big donor sees 'intensity of anger' over gay marriage issue": Dan Levine and Peter Henderson of Reuters have this report.
Posted at 05:40 PM by Howard Bashman

"Mass. high court upholds gun storage law": The Associated Press has a report that begins, "The highest court in Massachusetts has rejected challenges to a state law that requires gun owners to keep their weapons in a locked container or equipped with a safety device."

You can access today's rulings of the Supreme Judicial Court of Massachusetts in two related cases here and here.
Posted at 04:39 PM by Howard Bashman

"Notice Regarding Law Clerk Hiring By D.C. Circuit Judges for the 2014-2015 Term": The U.S. Court of Appeals for the D.C. Circuit has posted this notice online.
Posted at 04:35 PM by Howard Bashman

"Portland lawyer reconsidered for federal bench": Today's edition of The Portland (Me.) Press Herald contains an article that begins, "The U.S. Senate Judiciary Committee on Thursday will consider the renomination of William Kayatta to the 1st Circuit Court of Appeals on Thursday."
Posted at 04:23 PM by Howard Bashman

"Attorney for suspended Justice Orie Melvin highlights witness' inconsistencies": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Attorney reviewing dozens of email exchanges with Pavlot at Melvin trial."
Posted at 04:22 PM by Howard Bashman

"Truth and justice are elusive in Chevron Ecuador case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:15 PM by Howard Bashman

"Guantanamo judge says 'external body' was wrong to censor war court": Carol Rosenberg of The Miami Herald has this news update.

Ryan J. Reilly of The Huffington Post reports that "Guantanamo Censor Remains Mysterious After Sept. 11 Hearing."

And in somewhat related news, Reuters reports that "Guantanamo defense lawyers want prison camp sleep-over."
Posted at 04:08 PM by Howard Bashman

"A Clinic's Place in the Supreme Court Bar": Law professor Jeffrey L. Fisher has this article in the January 2013 issue of the Stanford Law Review.
Posted at 02:37 PM by Howard Bashman

In appeal asserting that New York State's ban on home handgun possession by part-time state residents violates the Second Amendment, Second Circuit certifies predicate question to New York State's highest court: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit, written by retired Justice Sandra Day O'Connor sitting by designation, at this link.

Attorney Paul D. Clement argued the case for the plaintiff-appellant, whose opening brief you can access here.
Posted at 01:44 PM by Howard Bashman

"From Fighting Same-Sex Marriage to Forging a Pro-Marriage Coalition for All": Wednesday's edition of The New York Times will contain an article that begins, "David Blankenhorn, a traditional-marriage advocate and star witness in the Proposition 8 trial in California in 2010, shocked his allies with an Op-Ed article in The New York Times last June announcing that he was quitting the fight against same-sex marriage."
Posted at 01:27 PM by Howard Bashman

"Congress Demands DoJ Explain Prosecution of Aaron Swartz": Kim Zetter has this post today at's "Threat Level" blog.

And today at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Congress Weighs in on DOJ's Handling of Swartz Prosecution."
Posted at 01:12 PM by Howard Bashman

"Senate committee backs bill to make cohabitation legal; Breaking 19th-century law is still a misdemeanor punishable by $500 fine": Today's edition of The Richmond Times-Dispatch contains an article that begins, "In 1877 in Virginia, it was considered 'lewd and lascivious' for two adults who were not married to cohabitate -- and it was a crime. In 2013, it still is."
Posted at 01:08 PM by Howard Bashman

"Former Michigan Supreme Court Justice Diane Hathaway pleads guilty to felony bank fraud": The Detroit Free Press has this news update.

The Detroit News has an update headlined "Hathaway pleads guilty to bank fraud charge."

And The Associated Press reports that "Ex-Mich. justice pleads guilty to bank fraud."
Posted at 01:04 PM by Howard Bashman

"SCOTUSblog on camera -- Adam Liptak interview part one." "SCOTUSblog" has this post.
Posted at 11:26 AM by Howard Bashman

"Sonia Sotomayor talks affirmative action in San Francisco": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Supreme Court Justice Sonia Sotomayor, in town Monday to promote her newly released memoir, said she couldn't talk about affirmative action because of a pending court case. In the next breath, she talked about what it had meant to her -- admission to Princeton and Yale Law School and the launching of a legal career."
Posted at 10:30 AM by Howard Bashman

"Workers Griping by Facebook May Lose Jobs After Ruling": Brian Wingfield of Bloomberg News has a report that begins, "Workers who gripe about the boss or their colleagues on Facebook may again be at risk of getting fired unless a U.S. appeals court decision is reversed."
Posted at 10:24 AM by Howard Bashman

Available online from The New Republic: Law professor Jeffrey Rosen has an essay titled "The War Over Recess Appointments Is Not for the Supreme Court to Settle; Last week's decision threatens to resurrect Bush v. Gore-style judicial activism with a vengeance."

And Timothy Noah has an essay titled "Don't Ban Recess Appointments! The D.C. Circuit presumes to know the original meaning of the Constitution better than the Founding Fathers."
Posted at 10:20 AM by Howard Bashman

"A Judicial Atrocity": Online today at The New Yorker, Jeffrey Toobin has a blog post that begins, "Right-wing judicial activism has been ascendant in recent years."
Posted at 09:55 AM by Howard Bashman

"Obama lawyers to argue recess appointments again in March": David Ingram and Aruna Viswanatha of Reuters have this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Spreading challenge to appointment power."
Posted at 08:47 AM by Howard Bashman

"Supreme Court Justice Scalia offers perspective on the law at SMU lecture": This article appears today in The Dallas Morning News.
Posted at 08:45 AM by Howard Bashman

"At Guantanamo, a minor mystery as audio, video feeds are cut at hearing": Peter Finn has this article today in The Washington Post.
Posted at 08:44 AM by Howard Bashman

"Orie aide tells jury of work done for judicial sister; Campaign-related duties are detailed": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "Pavlot's testimony addresses heart of case against Melvin."

And The Associated Press has a report headlined "Sen. Orie chief: Orders from Melvin to be followed."
Posted at 08:40 AM by Howard Bashman

"House panel demands answers regarding Swartz prosecution; Letter to Attorney General Eric Holder says committee has 'many questions' about the Justice Department's handling of prosecution of the Internet activist, who committed suicide earlier this month": c|net has this report.

The blog "Main Justice" has a post titled "White House Petition to Fire Boston AUSA over Swartz Probe Lags."

In today's edition of The Boston Globe, columnist Kevin Cullen has an essay titled "When judgment comes with wisdom" that begins, "Before there was Aaron Swartz, there was David LaMacchia."

At "Boing Boing," Cory Doctorow has a post titled "Aaron Swartz's San Francisco memorial will make you stand up and salute." That post provides access to video of the memorial, which you can also access here and here.

And The Huffington Post has an item headlined "Read Aaron Swartz's Afterword From Cory Doctorow's 'Homeland.'"
Posted at 08:33 AM by Howard Bashman

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